물품대금
1. The Defendant’s KRW 35,472,98 as well as the Plaintiff’s annual rate from October 14, 2013 to November 5, 2014, and the following.
1. Facts of recognition;
A. On October 20, 2009, the Plaintiff concluded a facility contract and installment contract (hereinafter “instant existing contract”) with C Co., Ltd. (hereinafter “C”) on October 20, 2009, and installed a set pumps (hereinafter “instant facilities”) in the Seo-gu Incheon, Seo-gu, Incheon, 401 E Co., Ltd. (hereinafter “instant existing contract”) and received KRW 50,960,000 in total by KRW 5 million on the 20th day of each month.
B. Meanwhile, Article 3(6) of the existing contract of this case provides that “In the event that C does not pay the price to the Plaintiff on the agreed date without any justifiable reason, the ownership of all attached materials, including the goods installed in the workplace of C shall be subject to no objection even if C withdraws all attached materials, without prior notification by the Plaintiff.”
C. On February 3, 2010, F, which acquired E-Sa’s operating right from C, concluded a contract on succession to credit account with the Plaintiff on February 3, 2010. The content of the contract is that “the Plaintiff completed the construction after concluding the contract on the construction of the pumps, but did not receive KRW 50,960,000, and F would pay the said price to the Plaintiff on behalf of C representative director G.”
After that, G retired from C representative director, and F was registered as the representative director on April 15, 2010. D.
On March 24, 2010, the Plaintiff entered into a contract for the installment sale (hereinafter “instant contract”) with the Defendant who has taken over E-mail or business from F, and the content thereof are as follows.
o : The purpose is to delegate all the construction of products and products to the Plaintiff, and the place where the matters related thereto are to be regulated: The Plaintiff is to pay for the sale price of the set-off pumps o that the Plaintiff agreed at the place of business owned by the Defendant: 51 million won in total.
f. 3 million won of down payment shall be paid in 300,000 won per month on March 24, 2010 and in 4,5,6,7,8 and September, two million won per month.